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(영문) 서울서부지방법원 2019.10.31 2018가합40174
손해배상(기)
Text

1. As to the Plaintiff KRW 49,073,00 and KRW 43,728,703 among them, the Defendant shall pay to the Plaintiff KRW 3,867,618 from October 20, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the Japanese franchise business in the name of “C”, and the Defendant is a company that entered into a franchise agreement with the Plaintiff.

B. On March 13, 2018, the Defendant entered into a franchise agreement with the Plaintiff to operate E stores (hereinafter “instant franchise store”) in Yongsan-gu Seoul Metropolitan Government D (hereinafter “instant franchise agreement”) (hereinafter “instant franchise agreement”) and is in operation until now.

C. The main contents of the instant franchise agreement are as follows. Article 7 (Period of Contract and Renewal) (1) of the franchise agreement shall enter into force on the date of conclusion of the agreement and shall enter into force for two years.

In case of renewal, a contract shall be extended every year.

Article 15 (Payment of Price for Streets and Supply) (1) B (Defendant) In return for continuing the operation rights of franchise stores, such as business marks and other intellectual property rights owned by A (Plaintiff) and for continuing the operation rights of franchise stores, such as domain new development, the royalties on the franchise disclosure statement shall be paid to A in accordance with the standards set forth in the franchise disclosure statement to A’s account or to the account designated by A, on the fifth day

Article 18 (Duty to Prohibit Competitive Business) (1) No Eul shall run the same business (including other member stores, independent stores, and franchise headquarters businesses) on an information disclosure statement in which trade secrets of Gap are infringed upon under the name of himself/herself or any third party during the term of this contract, without permission of Gap.

(2) No Eul shall perform any act infringing on trade secrets of Gap in violation of the Unfair Competition Prevention and Trade Secret Protection Act in the name of himself/herself or a third party without permission after the termination of the contract.

Article 22 (Raising and Management of Supplied, etc.) (1) A shall designate himself/herself or a collaborative company and supply them to B with the following supplies to maintain the unity of the C’s brand:

Provided, That the kind of goods supplied and the subcontractor may be added or changed in accordance with the management policy of A.

1. Items requested by Party A;

2. Consumable goods on which Gap’s business marks are printed.

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